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Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)

....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......n left United Kingdom for Dacca on 26th August, 1976 but the mother (opposite party) who was serving in a U.K. Hospital remained in London and continued with her job there. The opposite party came to Bangladesh on receipt of the summons of the instant case. After her return to Dacca the minor daught...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Dr. Rashiduddin Ahmed.....................................Petitioner Vs. Dr. Quamarunnahar Ahmed.............................Opposite party Judgment Janua......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..

Category: Family Law | Date: 20 Jan, 1978 | Hits: 4

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. Monendra Nath Biswas……………………&hellip...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. MonendraNath Biswas………………………...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......ld an allotment for export of salt, to sell the same to the plaintiff. As per arrangement between the parties concerned, defendant No. 6 chartered the vessel (defendant No. 1) for carriage of salt to Bangladesh. Accordingly, a charter party was signed on 14.7.77 between defendant No.6 and defendant ......sp; ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....a, Madras and Bombay, shall, where the deceased is a Hindu Muhamadan, Buddhist, Sika or Jain or an exempted person, receive, applications for probate or letters of administration until the provincial Government has, by a notification in the official Gazette, authorised it so to do. 5. There in ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......Revifional Jurisdiction) Present: Ranadhir Sen J Mohammed Chand Mia & others……………………………Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment......The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with A.B.M. Khairul Haque—For the Petitioners. Khandaker Mahbubuddin Ahmed w..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

Md. Abdur Rasheed Vs.

....s, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government. 2. His case, in brief, is that he was appointed as Physical Education Teacher in Na......High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1977. Result: ......upreme Court High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1......is also Reported in: 30 DLR (HCD) (1978) 231. ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Officer, Brahmanbaria and another, 1977, 6 CLC (AD)

..... Result: The appeal is allowed. Cases Referred to- Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtazuddin Ahmed Chowdhury Vs. Deput......e Custodian could take possession of any ejmali land of which the appellant was in possession as a co-sharer without partition of the said lands in accordance with law. 6. After the emergence of Bangladesh the Government of Bangladesh seems to have been interested in the properties which vested......J Fazle Munim J Benoy Bhusan Bardhan being dead, his heirs, Pronoy Bhusan Bardhan and others………………………….Appellants Vs. The Sub-Divisional Officer, Brahmanbaria and another...............Respondents Ju......e concerned, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......(Dacca) 529; Md. Nurullah Patwari Vs. Golam Hossain Chowdhury and others (F.M A. 63/75); Tulshi Ram Vs. Dinanath, A.I.R. 1926 (Lahore) 145; Abdulla Bhoi and others Vs. Ahmed Din, 16 D.L.R. (S.C) 169; Bangladesh Vs. Md. ShamsulHuq and others (FMA. 356/76);Labhu Ram Vs. Ram Pratab and others, AIR. 194......al Jurisdiction) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties ......ab Ali and others……………..................Opposite parties Judgment November 25, 1977 Result: The Rule is discharged. Cases Referred to- Md. Meher Ali Mondal Vs.Md. Karam Ali Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and others Vs. ..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......emand notice. The petitioner, however, paid separate Court fees payable on separate applications. 2. The petitioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road, Chittagong, a......t Division (Special Original Jurisdiction) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment Sep......e and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with Md. Joynal Abedin, and Mozammel Haque Khan, Advocates—For the Petitioner. QaziShafiuddin,..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

....ra (Crescent with a device of horse and stars). From 29.5.73 to 17.6.74 the defendant's Match Factory was under the Bangladesh Fertilizer, Chemical and Pharmaceutical Corporation. On 19.11.74 the Government of Bangladesh released the concern in favor of M/s. M. M. Ispahani the defendant's Ch......llate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Appeal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In both the ...... (Appellate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Appeal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In ......been placed can sue or be sued for the alleged infringement of right and the plaintiff - Company is not permitted to sue in its individual character. Relying on the decision of Chowmuhani College Vs. Md. Ismail Hossain (1974) 26 DLR 10 the learned Judge rejected The plaint under Order 7 rule 11..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......section 148 of the said Code." 11. The view expressed in the Pakistan Supreme Court decision referred to above was followed in three Single Bench decisions of the High Court Division of the Bangladesh Supreme Court in the cases of Rajendra Shirali and others Vs. Mahadev Shirali (1975) 27 D...... Appellate Division (Civil) Present: Kemaluddin Hossaia J Debesh Chandra Bhattacharya J Fazle Mumm J Dwijendra Lal Nath................................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

.... the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and ......rted in: 30 DLR (HCD) (1978) 349. ......Court Division (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18,......ision (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. ..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....sion and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendan......andatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendant No. 1, Ayaz ...... High Court Division (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Ayaz Bahdaur Khan & others.....................................Appellant Vs. Abdus Sobhan & others...........................................Respondent Padma P......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.....76. 4. Amongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 to......mongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 took a prelimina......Badrul Haider Chowdhury J Abdul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents ...... DLR (HCD) (1978) 316. ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ......tation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as the appellant was entitled under the Bangladesh (Legal Proceedings) Order, 1972, President's Order No.12 of 1972 to get the benefit o......il Revision Jurisdiction) Present: Ranadhir Sen J Aram Ali Mondal…………………………………Petitioner Vs. Lutfar Rahman Dewan ……………………&hellip....... Kobbad Mia 13 DLR 765 South India Corporation (B) Ltd. Vs. Secretary, Board of Revenue, Trivandrum and another AIR 1964 (SC) 207. Lawyers Involved: Golam Rabbani—For the Petitioner. Md. Ansar Ali—For the Opposite Party. Altaf Hossain—For the Defendant-Respondent. ..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

.... Result: The Rules are discharged. Cases Referred To- Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; Government of West Pakistan Vs. Begum Abdul Karim, (1969) 21 D.L.R. (S.C.) 1; Ghulam Jilani, (1967);...... Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others………………………&hell......Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others…………………&he......rt Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Matin Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petiti..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

.... "A record of rights has been described by Sir Henry Maine as a detailed statement of all rights in land drawn up periodically by the functionaries employed in setting the claims of the Government to its shares of the rental........ Though it does not create a title, it gives ris......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......tacharya J Fazli Munim J Akrab Ali and others…………………………………………Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

.... J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others..........................................p;……………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents Judgment July 27...... Chowdhury J Abdul Matin Khan Chowdhury J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Banglade......Republic of Bangladesh and others........................................Respondents Judgment July 27, 1977. Result: The Rule is made absolute. Cases Referred to- Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establishment Divisio..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....8 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposa......his Case is also Reported in: 30 DLR (HCD) (1978) 119. ......on (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Bangladesh.…………………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result:...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ting forth the necessary particulars. Sub-section (2) of section 173 lays down that where a superior police officer has been appointed under section 158 the report shall, in any case in which the Government so directs, be submitted through that officer who may, pending the orders of the Magistr......use of the deceased, the appellant Abdur Rahman and one Amirullah were recognised. Thereupon Kotwali P. S. Case No.8 dated 12-10-1971 being G. R. Case No.519 of 1971 under section 302/307 of the Bangladesh Penal Code was started. One Rahmat Ali was arrested in connection with that case and pro......S.A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdur Rahman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Resu......e Gabinda Dass, ILR 28 Cal, 211; Peer Badsha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. Sta..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

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